J.M. Panchal, J. - (1.) Leave Granted
(2.) This appeal by grant of special leave, is directed against judgment dated June 27, 2008, rendered by the Division Bench of High Court of Judicature at Patna in Civil Writ Jurisdiction No. 6538 of 1990 by which the High Court of Patna on its administrative side is directed to consider the case of promotion of the Respondent No. 1 as also grant of consequential benefits to him in accordance with law.
(3.) The Respondent No. 1 was appointed to the Bihar Judicial Service as Munsif at Hajipur on January 13, 1955. On May 9, 1970, High Court of Patna recommended to the State Government the dismissal of Respondent No. 1 from service. On the basis of recommendation made by the High Court, the State Government issued a Notification dated January 15, 1972, dismissing the Respondent No. 1 from service. Thereupon the Respondent No. 1 filed W.P. No. 121 of 1972 under Article 32 of the Constitution challenging his dismissal from service before this Court. The petition filed by the Respondent No. 1 was allowed vide judgment dated February 23, 1972 on the ground that the termination of service was stigmatic and was ordered without holding an enquiry. It may be mentioned that judgment of this Court rendered in the petition filed by the Respondent No. 1 is reported in, (1973) 4 SCC 166. In view of the above mentioned judgment of this Court, the Respondent No. 1 was reinstated in service. However, he was suspended from service on April 12, 1974 and departmental proceedings were initiated against him. Suspension order was challenged by him by filing CWJC No. 820 of 1974 and initiation of departmental proceedings was challenged by filing CWJC No. 593 of 1975 in the High Court of Patna. Both the writ petitions were dismissed in the year 1977 by the High Court. Thereupon, he had filed SLP (C) No. 4344 of 1977 challenging dismissal of writ petition filed against suspension order and SLP (C) No. 4345 of 1977 challenging the decision in CWJC No. 593 of 1975 by which his prayer to set aside departmental proceedings was rejected. During the pendency of above numbered two SLPs another Notification dated January 30, 1978 was issued by the High Court suspending him from service. On March 01, 1978 this Court admitted both these Special Leave Petitions which were then converted into C.A. No. 525 of 1978 and 526 of 1978 respectively. This Court by judgment dated 24.09.1981 directed the High Court of Patna to withdraw the suspension order dated January 30, 1978 passed against the Respondent No. 1 as well as departmental proceedings initiated against him and granted liberty to the High Court to amend the charge sheet before initiating departmental proceedings and to consider the question of his suspension from service afresh. By Notification dated October 12, 1981, the Respondent No. 1 was posted at Sasaram as Additional Munsif, which is the lowest post in judiciary and which post he had joined initially on January 13, 1955. Another Notification was issued on December 10, 1981 posting him at Darbhanga as Additional Munsif. Meanwhile he made various representations to release his dues and to keep one post of appropriate rank reserved for him. He did not receive any reply to those representations. Therefore, he filed CWJC No. 1924 of 1982 on May 6, 1982 for quashing Notification dated December 10, 1981 issued by High Court posting him as Additional Munsif in Darbhanga and prayed to direct the High Court on its administrative side to give him promotions from the dates when his juniors named in the petition were promoted during the period 1970 to 1981, with all increments and other benefits. He also prayed to direct the High Court to issue a revised notification incorporating therein all the promotions to be given to him from due dates and to post him as a District Judge. After necessary amendment in the charge sheet, fresh departmental proceedings were initiated against him on August 19, 1982. No reply was filed by the Respondent No. 1 before the Inquiry Officer. After inquiry, the Inquiry Officer submitted his report dated December 10, 1982 holding that the charges levelled against him were proved. Thereupon, notice dated January 12, 1983 with copy of the report of Inquiry Officer was served upon him calling upon him to show cause as to why he should not be removed from service. The Respondent No. 1 did not file reply to the show cause notice.;